Court No. - 6
Case :- WRIT - A No. - 9111 of 2021 Petitioner :- Ragini Kumari And 4 Others Respondent :- State Of U P And 6 Others Counsel for Petitioner :- Yogendra Kumar Srivastava,Himanshi Srivastava Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava,Chandan Agarwal,Ram Bilas Yadav
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the parties.
2. The petitioners have approached this Court with a prayer that though they have under compulsion adopted position lower in rank to what they were enjoying at the time of transfer from one district to another district and now just because they were getting a preferred district choice, they are now further forced to get lower pay admissible to the post to which they have joined.
3. The argument advanced by learned counsel for the petitioners is that though the petitioners have been forced to join lower rank only on account of the fact that the teachers of their batch have not been promoted. Accordingly, the argument is that the respondents cannot force them to get lesser salary. They were being paid grade pay of Rs. 4600/- at the time of transfer, now they are being forced to accept pay grade of Rs. 4200/-.
4. This Court in a large number of writ petitions has issued direction to the concerned authorities to look into the matter of protection of pay: pay scale and pay grade in respect of such teachers who have been forced to accept lower position on account of preferred district transfer.
5. Learned counsel for the petitioners has drawn the attention of the Court to a letter-cum-order of the Secretary, U.P. Basic Education Board, Allahabad dated 23.07.2018, wherein the following directions have been issued in respect of pay protection of such teachers:-
"उक्त कके सम्बन्ध मम ससूच्य हहै कक ययाचचीगणणों कको Pay Protection कया लयाभ कदियया जयानया चयाकहए। अततः एल.पची.सची. (अनन्तम वकेतन प्रमयाण पत) कके आधयार पर नयके जनपदि मम वकेतन कया आगमन कर Pay Protection कके कनयमणों कया पयालन ककयया जयानया चयाकहए। चसूचूंकक पदिकोन्नत प्रयाप्त कशिक्षक अपनची मजर्जी सके स्थयानयान्तररत हकोकर आयके हह ऐसची नस्थकत मम स्थयानयान्तररत जनपदि मम उनककी ज्यकेष्ठतया जजस पदि पर यकोगदियान कदियके हहै / कयायरभयार ग्रहण ककयके हह उसची पदि पर सबसके नचीचके हची रखया जयायके। उक्त कके सम्बन्ध मम आपकको कनदिरकशित ककयया जयातया हहै कक ययाचचीगणणों कको अनन्तम वकेतन प्रमयाण पत (एल.पची.सची.) कके आधयार पर वकेतन आगणन कर Pay Protection कके कनयमणों कया पयालन करतके हहए वकेतन भभुगतयान करनके ककी कयायरवयाहची कर मया 0 उच्च न्ययाययालय कके आदिकेशि कया अनभुपयालन सभुकननशचत कर।म "
6. However, the petitioners contend that though they have been representing the authorities but no action has been taken. In the opinion of Court, the District Basic Education Officer concerned is hide bound in law to carry out the directions issued by the Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum-order dated 23.07.2018.
7. In view of the above, direction is issued to respondent no. 2, 3 & 4 to ensure compliance of directives issued by Secretary, U.P. Basic Education Board, Allahabad vide his letter-cum- order dated 23.07.2018, in accordance with law, if there is no other legal impediment. He shall take decision in the matter in any case positively within six weeks from the date of production of certified copy of the order.
8. The writ petition stands disposed off.
9. Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 24.9.2021 S. Rahman